Binalonan, Pangasinan
College of Accountancy and Business Management
Midterm Examination
LAW ON OBLIGATIONS AND CONTRACTS (BACC2)
Name:_________________________________________ Block: ____________________
Schedule: _____________________ Date: __________________
MULTIPLE CHOICE: Write the letter that corresponds to your answer. ERASURES NOT
COUNTED. USE CAPITAL LETTERS ONLY
___1.One of the following is a void obligation.
A. D is obliged to give C 5,000.00 if C does not go to the moon.
B. D is obliged to give C 5,000.00 if D goes to Baguio.
C. D. is obliged to give C 5,000.00 if C goes to Baguio.
D. D is obliged to give C 5,000.00 if D wins first prize in the sweepstakes on a ticket that he had
already purchased.
___2. D is obliged to give C 1,000,000.00 if X dies. This is an example of:
[Link] condition [Link] condition
[Link] with a period [Link] obligation.
___3.The debtor shall lose the right to make use of the period in the following cases, except
when he
[Link] insolvent [Link] to abscond.
[Link] any undertaking in consideration of which the creditor agreed to the period.
[Link] not furnish any guaranty or security to the creditor.
___4.A,B,C, and D are obliged to give V,W,X,Y and Z amounting to 80,000.00.
A.V may collect from A 80,000.00 B. V may collect from A 20,000.00
C. V may collect from A 4,000.00 D. V may collect from A 16,000.00
___5.A,B,C, and D are joint debtors, are obliged to give V,W,X,Y and Z are solidary creditors,
amounting to 80,000.00
A.V may collect from B 80,000.00 B. V may collect from B 20,000.00
C. V may collect from B 4,000.00 D. V may collect from B 16,000.00
___6. A,B,C, and D are solidary debtors, are obliged to give V,W,X,Y and Z are joint creditors,
amounting to 80,000.00
A.V may collect from C 80,000.00 B. V may collect from C 20,000.00
C. V may collect from C 4,000.00 D. V may collect from C 16,000.00
___7. A,B,C, and D are solidary debtors, are obliged to give V,W,X,Y and Z are solidary
creditors, amounting to 80,000.00
A.V may collect from D 80,000.00 B. V may collect from D 20,000.00
C. V may collect from D 4,000.00 D. V may collect from D 16,000.00
___8.___is an interval of time, which, exerting an influence on an obligation as a consequence
of a juridical act, either suspends its demandability or produces its extinguishment?
A. Period B. Condition C. Demand D. Delays
___9.In obligations with a penal clause, the creditor as a rule may recover from the debtor in
case of breach the following:
A. the penalty as agreed upon, plus damages and interest. [Link] penalty and damages.
B. the penalty and interest [Link] the penalty.
___10.I. A condition may or may not happen.
II. A term or period will surely come to pass, although it may not be known when.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___11. Obligations for whose fulfillment a day certain has been fixed, shall be demandable only
when that day comes.
A. Resolutory Period B. In diem C. Ex die D. Suspensive Condition
___12.Obligations which take effect at once, but terminate upon arrival of the day certain.
Resolutory Period B. In diem C. Ex die D. Suspensive Condition
___13.The court is not authorized to fix a period. The following are the exceptions, except:
A. If the obligation does not fix a period, but from its nature and circumstances it can be inferred
that a period was intended.
B. If the period depends upon the will of the creditor.
C. If under the circumstances the parties have contemplated a period.
D. When the debtor binds himself to pay when his means permit him to do so.
___14.The debtor loses the right to make use of period in the following instances, except:
A. When after the obligation has been contracted, he becomes insolvent unless he gives a
guaranty or security for the debt.
B. When the debtor furnished the creditor the guaranties or securities
C. When the debtor violates any undertaking, in consideration of which the creditor agreed to
the period.
D. When the debtor attempts to abscond.
___15.Al owes P150,000 due on June 30, 2018. Al executed a mortgaged in favor of Joebert on
Al's building. On June 10, 2018, the mortgaged building was totally lost due to an earthquake.
On June 12, 2018, Joebert demanded payment from Al. Is Joebert's demand valid?
A. No. The obligation is one with a definite period, thus the creditor cannot demand fulfillment of
the obligation before it due.
B. No. The mortgage was extinguished because the object of the contract was lost through a
fortuitous event.
C. Yes. The debt becomes due at once because the object of mortgage was lost.
D. Yes. The debts becomes due at once because the period's benefits is given solely to the
creditor thereby giving the creditor the right to demand performance even before the due date.
___16.An obligation where there is only one object.
A. Simple obligation B. Conjunctive obligation
[Link] obligation [Link] obligation
___17.An obligation where there are two or more objects.
[Link] obligation B. Conjunctive obligation
[Link] obligation [Link] obligation
___18.An obligation where several prestation are due but must be performed.
[Link] obligation B. Conjunctive obligation
[Link] obligation [Link] obligation
___19.The offer made by the debtor to pay his obligation to his creditor is known as.
A. consignation [Link] of payment
B. application of payment D. dation in payment
___20.An obligation where one, two or more of the objects are due. One of the objects must be
performed to extinguish the obligation.
[Link] obligation B. Facultative obligation
[Link] obligation D. Distributive obligation
___21.An obligation where two or more objects are due but the performance of one is sufficient.
[Link] obligation B. Facultative obligation
[Link] obligation D. Distributive obligation
___22.An obligation where only one object is due but the debtor may substitute another object.
[Link] obligation B. Facultative obligation
[Link] obligation D. Distributive obligation
___23.Andrey is obliged to give Yurong a specific ring. The parties agreed that Andrey may give
a specific bracelet as a substitute. Which of the following is true?
A. If the ring is lost through a fortuitous event before substitution, the obligation is extinguished.
B. If the bracelet is lost through a fortuitous event before substitution, the obligation is
extinguished.
C. If the ring is lost through a fortuitous event after substitution, the obligation is extinguished.
D. If the ring is lost through the debtor’s fault before substitution, the debtor shall pay damages.
___24.I. A person alternatively bound by different prestations shall completely perform both of
them.
II. The creditor cannot be compelled to receive part of one and part of the other
undertaking.
[Link] l is true [Link] II is true C. Both are true D. Both are false
___25.I. In alternative obligation, the right of choice belongs to the creditor, unless it has been
expressly granted to the debtor.
II. The debtor shall have no right to choose those prestations which are impossible,
unlawful or which could not have been the object of the obligation.
[Link] l is true [Link] II is true C. Both are true D. Both are false
___26.D owes C 10,000.00 with G as guarantor. C, on the other hand, owes D, 8,000.00 Both
debts are already due but D is insolvent. In this case,
A. C may collect from G 10,000.00
B. C may collect from G 2,000.00 because a guarantor can set up compensation as regards
what the creditor owes the principal debtor.
C. C may collect nothing from F because D is insolvent.
D. C may collect 8,000.00 from G.
___27.Richie obliged to give Faustina a specific watch, a specific ring, or a specific bracelet.
The parties agreed that Faustina will have the right to choose the thing which will be given to
her. Before Faustina could make her choice, the watch and the ring are lost through Richie's
fault, successively. What is the right of Faustina?
A. Faustina may choose the delivery to her of the bracelet, or the price of the watch, or
the price of the ring plus damages.
B. Faustina cannot choose the price of the watch or the price of the ring because the said
objects have already been lost.
C. Faustina can only choose to have the bracelet because anyway, Richie can still perform his
obligation.
D. Faustina can only choose to have delivery of the bracelet or the price of the ring which was
the last item that was lost plus damages.
___28.An obligation where only one prestation has been agreed upon, but the obligor may
render another in substitution.
A. Alternative obligation [Link] obligation
B. Compound obligation [Link] obligation
___29. I. Alternative obligations may be complied with by the delivery of one of the objects or by
the performance of one of the prestations which are alternatively due.
II. Facultative obligations may be complied with the delivery of another object or the
performance of another prestation in substitution of that which is due.
A. Only I is true B. Only II is true C. Both are true D. Both are false
____30. I. In alternative obligations, the right of choice may pertain even to the creditor.
II. In facultative obligations, the right of choice pertains only to the creditor.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___31.The following are the effects if the debtor withdraws after proper consignation except:
A. The obligation remains.
B. The obligation is extinguished
C. The creditor shall lose every preference which he may have over the thing.
D. The co-debtors, guarantors and sureties shall be released.
___32.he following are the requisites in order that on obligation to give a determinate thing will
be extinguished, except:
A. The obligation is to deliver a determinate thing.
B. The obligation is to deliver an indeterminate thing.
C. The thing is lost without the fault of the debtor.
D. The thing is lost before the debtor has incurred in delay
___33.Which of the following is not considered a conditional obligation
A. D to pay C 5,000.00 as soon as D has the means.
B. D to pay C 5,000.00 if C marries Y.
C. D to pay C 5,000.00 if C tops the Civil Service Examinations.
D. D to pay C if X dies of malaria.
___34. Alternative obligation and facultative obligation are similar in which of the following
respects?
A. The right of choice may be given either to the debtor or creditor.
B. Several prestations are due.
C. Only one prestation is due but the debtor may render another in substitution.
D. The obligation becomes a simple obligation once a choice of the prestation is made and
communicated.
___35. S sold 100 bottles of imported “fundador” brandy to B who paid immediately the price
thereof amounting to 20,000.00. S promised to deliver the brandy to B within one week from
their agreement. On the agreed date delivery, S delivered to B 100 bottles of fake “fundador”
brandy. The contract between S and B is
A. Voidable [Link] [Link] D. rescissible
___36.Which of the following obligations is pure obligations is pure obligation and is
demandable at once?
A. D to allow C to use D’s car until December 31,2024.
B. D to allow C to use D’s car until C finishes his course in Business Administration
C. D to give C his car. No mention is made when D shall give the car.
D. D to give C a car if C finishes his course in Business Administration.
___37.The following are characteristics of facultative obligation, except
A. Only one thing is principally due.
B. The right of choice cannot be given to the creditor.
C. The debtor must give the substitute in case the principal thing is lost due to the debtor’s fault
before substitution.
D. If the principal is void, the debtor is not obliged to give the substitute
___38.I. Bad faith imports a dishonest purpose or some moral obliquity and conscious doing of
wrong.
[Link] faith means a breach of a known duty through some motive or interest or will that
partakes of the nature of fraud.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___39.An act of liberality, by virtue of which, without receiving any equivalent, the creditor
renounces the enforcement of the obligation, which is extinguished in s entirety or in that part or
aspect of the same to which the remission refers
A. Condonation B. Confusion [Link] D. Novation
___40.The following are requisites of condonation, except:
A. It must be gratuitous. B. It must be accepted by the creditor.
B. The obligation must be demandable. [Link] parties must have capacity.
___41.The meeting in one person of the qualities or the characters of creditor and debtor.
A. Condonation B. Confusion [Link] D. Novation
___42.___ shall take place when two persons, in their own right , are creditors and debtors of
each other.
[Link] B. Confusion [Link] D. Novation
___43. The modification or extinguishment of an obligation by another, either by chnaging the
object or principal condition, substituting the person of the debtor, or subrogating a third person
in the rights of the creditor.
[Link] B. Confusion [Link] D. Novation
___44. The following are the kinds of subrogation except:
A. Conventional [Link] [Link] D. Express
___45. I. The obligation is extinguished if the merger or confusion takes place in the person of
the principal debtor or creditor.
If the confusion takes place in the person of any of the guarantors, there is extinguishment
of the principal obligation.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___46. I. In a joint obligation, if the confusion takes place in one of the joint debtors, the
principal obligation is partially extinguished up to the share which corresponds to him.
[Link] a solidary obligation, if the confusion takes place in one of the solidary debtors, the
entire obligation is extinguished.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___47. I. In compensation, there must be two persons, who, in their own right, are creditors and
debtors of each other.
[Link] confusion, there is only one person in whom is merged the qualities of creditor and
debtor.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___48.I. In compensation, there must be at least two obligations.
Il. In confusion, there is only one obligation.
A. Only I is true B. Only II is true C. Both are true D. Both are false
___49.Is a claim which has been formally passed upon by the highest authority?
A. Debt B. Payable C. Liability D. Claim
___50. D owes C 10,000.00. On due date, D proposes to C to accept a ring in payment of D’s
debt of 10,000.00. C agrees to D’s proposal and accepts the ring. D’s monetary obligation is
extinguished by ___.
A. dacion en pago
B. Payment by cession
C. Sale
D. Application of payment
Prepared by: Checked by: Approved by:
RHONALYN M.
SARMIENTO,LPT
RYAN O. MARAMBA, CHRA,
DBA MONA LIZA DC. ABANES, Ph.D GLORIA C. NEMEDEZ, Ph.D
INSTRUCTORS DEAN AVP, ACADEMIC AFFAIRS